AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The plaintiff filed a lawsuit against Management & Training Corp. and several individuals, both in their official and individual capacities, related to events occurring at the Otero County Prison Facility. The case encountered issues with the service of process for two defendants, Jerry Roark and Ebeth Cruz-Martinez, and questions regarding the existence of disputed issues of material fact that could preclude summary judgment for the remaining defendants.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Plaintiff-Appellant: Argued against the district court's determination of improper service of process for two defendants and contended that there were disputed issues of material fact that precluded summary judgment in favor of the remaining defendants.
• Defendants-Appellees (OCPF Defendants): Did not file a memorandum in opposition to the proposal to reverse the district court's grant of summary judgment in their favor (para 1).

Legal Issues

• Whether the district court properly dismissed Defendants Roark and Cruz-Martinez for insufficient service of process.
• Whether there were disputed issues of material fact that precluded summary judgment in favor of the OCPF Defendants.

Disposition

• Affirmed the district court’s order dismissing Defendants Roark and Cruz-Martinez for insufficient service of process.
• Reversed the district court’s grant of summary judgment in favor of OCPF Defendants and remanded to the district court for further proceedings.

Reasons

• Per Jennifer L. Attrep, J., with Jacqueline R. Medina, J., and Shammara H. Henderson, J., concurring:
  The court affirmed the dismissal of Roark and Cruz-Martinez due to the plaintiff's failure to demonstrate proper service of process, as evidenced by the lack of required information on the "Return" portion of the form summons and the absence of a docket entry indicating service (para 2).
  The court reversed the grant of summary judgment in favor of the OCPF Defendants, based on the plaintiff's opposition to the proposed affirmance of the service of process issue and the lack of opposition from the OCPF Defendants to the proposal to reverse the summary judgment. The court deemed the remaining issues raised but not contested by the plaintiff as abandoned, following precedent that unresponded issues in a calendar notice are considered abandoned (paras 3-4).